Comments by the representative of the author 5.1 In his comments on the State party's submission, the representative of the author refers to the State party's position that the author has the responsibility of presenting "an arguable case" that she would be in danger of being subjected to torture upon return to her home country. According to the representative, an arguable case has indeed been presented in the light of the author's previous experiences of persecution, including torture, and owing to her political activities for poor Indian women in Ecuador. Further, the representative points out that, according to the practice of the Committee, it is note necessary that the risk of torture be serious, in the sense of being highly likely to occur; the Committee has previously clearly stated that there need only be "more than a mere possibility of torture". 5.2 The representative considers that the State party's argumentation that PRE, contrary to what has been stated by the author, is a legal party and that its leader was President in 1996, is irrelevant to the main question under consideration, i.e. whether the author runs a risk of being subjected to torture upon return to Ecuador. The argument of the State party is based on opinion and misunderstandings rather than fact. 5.3 The representative argues that more importance should be attached to the two existing letters from the PRE local leadership describing the danger run by the author if she returned to Ecuador in view of her having been the party's leading promoter for women's rights. The Committee's attention is drawn to the letter dated 20 August 1999, which indicates that the author's replacement as leader of the party's Women's Front has already been arrested. The fact that a warrant for her arrest was issued as late as 26 February 1999 by the Ministry of the Interior ought to indicate that the author is not wanted merely for disturbing public order in the streets through political manifestations. 5.4 The representative further recalls that the author was raped in prison by prison staff, who cooperate closely with the local police. It is therefore not surprising that no medical evidence could be secured. The fact that the author did not reveal this information to the Danish authorities at an earlier stage could be explained by the fact that, like other women in similar situations, she has tried to suppress the event from her consciousness and that for obvious reasons she has limited trust in police officers and interrogators. 5.5 The representative notes that the State party does not find it credible that the author obtained a valid passport while presumably being persecuted by Ecuadorian authorities and takes this as evidence of her not being at risk of torture. This argument is inconsistent with the State party's position that all foreign nationals, including asylum-seekers, travelling to Denmark should apply for valid visas at the nearest Danish consulate before departure. 5.6 Finally, the representative submits that the fact that Ecuador is a party of the Convention is of no relevance. The question is whether Ecuador is in fact implementing the rights provided by Convention, in particular the right of leading opposition politicians not to be subjected to torture. Issues and proceedings before the Committee 6.1 Before considering any claim in a communication, the Committee against Torture must decide whether or not a communication is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 158